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HomeMy WebLinkAboutCC ORD 1940-677 Trespassing and loitering restrictions (10.60)677 ORDINANCE NO. 677 AN ORDINANCE PROHIBITING TRESPASS UPON, AND LOITER- ING ABOUT, CERTAIN CLASSES OF PROPERTY The City Council of the City of National City does ordain as fol- lows: Section 1—Declaration of Purpose. Public safety is hereby declared to require that the uninterrupted opera- tion of certain industries essential to national defense, such as the air- craft manufacturing industry, and of companies or agencies supplying water, gas, electric and other essen- tial services, be protected by prevent- ing the intrusion upon the properties thereof of idle, curious or malicious persons and of persons whose pres- ence thereon is not necessary, and by prohibiting the loitering about such places by persons capable of Inflict- ing harm or of impeding the opera- tion conducted thereon. Section 2—Posting — Manner of, Prescribed. Any person, firm, cor- poration, governmental agency, de- partment or instrumentality having possession or control, of any of the facilities. plants or utility properties enumerated in section 3 hereof. may post, at each entrance to any struc- ture devoted to any use so enumerat- ed, at each entrance to any fenced or enclosed area devoted to any such use, and at intervals of not more than three hundred feet around any area devoted to such use, substan- tial signs not less than one square foot in area, displaying prominently in addition to such other Informa- tion as may be deemed desirable. the words, "TRFSPdSSING - LOTTER- INC - FORBIDDEN BY LAW" in legible letters not less than two inches in height; provided, however, that any perlic waiting room. din- ing room, office or other portion of any such structure or premises to which general public access is re- quired in the normal use and operation thereof or where materials are de- livered to or received by the public, s}+'ll not be so posted. The `posted boundary" of any area shall be a line running from sign to sign, and such line need not con- form to the legal boundary or legal description of any lot, parcel or acreage of land. Section 3—Posting — Where Per- mitted. The places which may be so posted are the following: (a.) Every airport, and every plant. field and structure used for the man- ufacture, assembling or testing of aircraft; (b) Every tank -farm, re- finery, compressor -plant or absorp- tion plant, marine terminal, pipe line pumping station and reservoir, used for the bulk treatment, bulk hand- ling or bulk storage of petroleum or petroleum products; (c) Every reser- voir, dam, pumping station, aque- duct, main canal or pipe line, of a public water system; (d) Every reser- voir, dam, generating plant, receiv- ing station, distributing station and transmission line of a company or agency furnishing electrical energy: (e) Every gas generating plant, compressor plant. gas holder, gas tank, and gas main used for the pro- duction, storage and distribution of gas; (f) Every plant or vital part thereof or other principal Property essential to rendering telephone or telegraph service; (g) Every radio broadcasting central plant or sta- tion: (h) Every railroad bridge or tunnel; (i) Every plant for the bulk storage of dynamite, giant powder, gun powder or other explosive. Section 4—Trespassing—' Misde- meanor. When any such premises Is posted as provided in this ordinance it shall be unlawful for any person to go upon or to remain upon any place within the posted boundary of any such premises, or to enter or to re- main In any such posted structure, without having upon his person the express written consent of the per- son, firm, corporation, department or agency lawfully in possession or con- trol thereof. Section fi--Loitering—a Misdemean- or. It shall be unlawful for any per- son to loiter in the Immediate vi- cinity of any premises posted as pro- vided in this ordinance while having in his possession any explosive, tool, or device, of whatever character cap- able of doing harm or damage to any structure, machinery, equipment or other property of a similar or dis- similar character, installed or lo- cated upon such posted premises or area. Section 6—Exemptions. This ordin- ance does not apply to any entry in the course of duty of any peace offi- cer nor to any person traversing an established and existing public side- walk, street or highway. Section 7—Damaging Signs. Every person who tears down, defaces or destroys, or causes to be torn down, defaced or destroyed, any sign placed or posted under the provisions of this ordinance without the consent of the person, firm, corporation, gov- ernmental agency, department or in- strumentality having possession or control of the premises on which such sign has been erected, is guilty of a misdemeanor. Section 8--Penalty Clause. Every person, as principal, agent or other- wise, violating any of the provisions of this ordinance shall be deemed guil- ty of a misdemeanor and upon con- viction thereof shall be punishable by a fine of not to exceed Three Hundred Dollars ($300.00) or by im- prisonment in the city jail in the City of National City, California, or in the County Jail of San Diego Coun- ty, California, for a period of not to exceed three (3) months, or by both such fine and imprisonment. Section 9—If any provision of this ordinance, of the application thereof to any person or circumstance, is held invalid, the remainder of the ordinance and the application of such provision to other persons or cir- cumstances shall not be affected thereby. Section 10. This ordinance shall take effect thirty days after the date of its adoption and prior to the expiration of fifteen days from the passage hereof shall be published at least once in The National City News, a newspaper of general circulation, published and circulated in the City of National City. PASSED AND ADOPTED by the City Council of the City of National City, California, this 3rd day of September, 1940, by the following, vote towit: AYES: Councilmen Cordingly, Kii- crease. garner, Bird. NAYS; Councilmen none. ABSENT: Thatcher. (Seal) David W. Bird. Mayor of the City of National City. California. ATTEST: Dale Smith, City Clerk. I hereby approve the foraging Ordi- nance this 3rd day of Sept. 1940. David W. Bird, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 077 of the Ordinances of the City of National City. Califor- nia, as adopted by the City Council of said City, and approved by the Mayor of said City, on the 3rd day of September, 1940. Dale Smith, City Clerk of the City of National City, California. (Seal) By Helen J. Lamb, chief deputy. 1 Insertion-9-6-40